When you put your trust in a funeral home or cemetery with your loved one’s remains, you expect care, respect and professionalism. Unfortunately, negligence in these services happens all too often and causes emotional and financial harm to families. Recently, a case at Forest Park Lawndale Cemetery in Houston brought this to light where remains were allegedly mishandled and families were left devastated. This article will cover funeral and cemetery negligence, legal options and what you can do to protect yourself.
What is Funeral and Cemetery Negligence?
Funeral and cemetery negligence is when service providers don’t meet their obligations, whether through neglect, recklessness or intentional misconduct. This can include:
- Mishandling remains.
- Breaching contracts.
- Not delivering services as promised.
- Overcharging or billing for services not rendered.
Negligence in these situations can cause emotional harm to grieving families so it’s important to know your rights.
Legal Options for Funeral and Cemetery Negligence
Victims of funeral or cemetery negligence may have a claim under:
- Breach of Contract: Most funeral homes and cemeteries have a written agreement. Not delivering the services agreed upon is a breach of contract.
- Negligence: Providers have a duty of care to handle remains with respect and follow industry standards. Failing to meet that duty is negligence.
- Intentional Infliction of Emotional Distress: Cases involving egregious misconduct like mishandling of remains may fit into this category.
In Texas, funeral and cemetery services are governed by state laws and consumer protection regulations so there is accountability for these failures.
Real-Life Example: Forest Park Lawndale Case
The Houston Chronicle recently reported a disturbing case at Forest Park Lawndale Cemetery. In this situation, remains were allegedly stolen or misplaced and families were left without closure. This is what happens when negligence hits families already going through loss.
Legal experts say these types of situations usually involve breach of contract and negligence, both of which can be sued upon. Families affected by these situations should seek legal counsel immediately to know their rights and options.
How to Protect Yourself
Preventing negligence starts with careful selection and supervision. Families can do the following to protect themselves:
- Research the funeral home or cemetery’s history, reviews and reputation.
- Verify the provider has the proper licenses and certifications.
- Get a detailed, written contract outlining all services and costs.
- Stay involved and ask for updates during the process.
- Keep records of all communication and agreements.
By being proactive families can reduce the risk of negligence. But even the most careful families can fall prey to bad actors.
Legal Options for Negligence Victims
If you think you’ve experienced funeral or cemetery negligence, taking legal action can bring closure and compensation. Victims may be entitled to:
- Emotional distress from mishandling of remains.
- Financial losses from overcharging or unfulfilled contracts.
- Punitive damages in egregious cases.
A personal injury attorney specializing in funeral and cemetery negligence is key. They can handle complex claims, negotiate and represent you in court if needed.
Why an Attorney
A cemetery negligence attorney can make a big difference. Here’s why:
- Experience in Emotional Distress Cases: Emotional distress cases require knowledge of both legal and psychological issues.
- Navigating Complex Contracts: Lawyers can find breaches and hold providers accountable.
- Getting the Most Compensation: Attorneys ensure all damages, including punitive ones, are pursued.
Working with a lawyer means your rights are protected and you have a better chance of a good outcome.
Bottom Line
Funeral and cemetery negligence is a painful experience nobody should go through. Knowing your rights and being proactive can prevent these situations. If negligence happens, seek legal counsel to hold providers accountable and get the justice you deserve.
If you or a loved one has experienced funeral or cemetery negligence, contact The Law Offices of Omar Khawaja for compassionate and experienced legal assistance. Let us help you find justice and peace of mind.